Cases1400565/2024

Claimant v Freight Solutions Consulting Limited

7 May 2025Before Employment Judge LiveseyMidlands East

Outcome

Claimant fails

Individual claims

Unfair Dismissalstruck out

The claimant was employed for less than two years and therefore did not meet the qualifying service requirement under section 108 of the Employment Rights Act 1996. The claimant failed to provide an acceptable reason why the complaint should not be struck out despite being given the opportunity to do so.

Facts

Mr P Stoneman brought an unfair dismissal complaint against his former employer Freight Solutions Consulting Limited. The claimant was employed for less than two years. The judgment notes this is case number 1400566/2024 and references another claimant Mr A Serb in a related case.

Decision

The tribunal struck out the unfair dismissal complaint because the claimant did not meet the two-year qualifying service requirement under section 108 of the Employment Rights Act 1996. The claimant was given the opportunity to provide reasons why the claim should not be struck out but failed to give an acceptable reason.

Practical note

Claimants must have at least two years' continuous service to bring an ordinary unfair dismissal claim, and this jurisdictional requirement can result in strike-out where not met.

Legal authorities cited

Statutes

ERA 1996 s.108

Case details

Case number
1400565/2024
Decision date
7 May 2025
Hearing type
strike out
Hearing days
1
Classification
procedural

Respondent

Sector
logistics
Represented
No

Employment details

Service
2 years

Claimant representation

Represented
No